A public interest organization has filed a complaint under California’s Proposition 65 (Prop. 65), the Safe Drinking Water and Toxic Enforcement Act of 1986, against manufacturers, distributors and retailers of electronics and other products allegedly containing diethyl hexyl phthalate (DEHP) or lead and sold without providing the consumer warnings required under the law. Consumer Advocacy Group, Inc. v. Argento SC by Sicura, Inc., No. BC506624 (Cal. Super. Ct., Los Angeles Cnty., Cent. Dist., filed April 26, 2013). Companies must provide “clear and reasonable” warnings before exposing consumers to chemicals known to the state to cause cancer or reproductive toxicity. According to the complaint, both DEHP and lead, as such chemicals, have been added to the Prop. 65 list.
The products at issue include the Iwave™ Neptune 2.0 Speaker System; iWave™ OHM + Stereo Headphone; “Portable Design” “Air compressor 12 V 300 PSI” “Mammoth™ Precision Tools”; TKO® jump ropes; and iWAVE® Laptop Combination Lock, Resettable Four-Digit, Coil Cable Lock, CLO 003. The plaintiff seeks an order requiring compliance with Prop. 65, civil penalties of up to $2,500 per day per individual exposure, attorney’s fees, and costs.